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Rosmah not out of the woods yet as AG files appeal

Prosecution challenges High Court’s decision to acquit her of money laundering and tax offences

5:36 PM MYT

 

KUALA LUMPUR – The Attorney General’s Chambers (AGC) has filed a notice of appeal today against the High Court’s decision to acquit Datin Seri Rosmah Mansor of all 17 money laundering charges yesterday.

Attorney General Datuk Mohd Dusuki Mokhtar said that the charges included nine under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, punishable under Section 4(1) of the same act.

The remaining eight charges were also framed under Section 4(1)(a) of the same act and carried similar penalties.

“Following this, the Prosecution has filed a Notice of Appeal against the entire decision of the High Court,” he said in a statement today.

Yesterday, the High Court here acquitted and discharged Rosmah of 17 charges of money laundering involving over RM7 million and five charges of failing to declare her income to the Inland Revenue Board (LHDN).

In his judgment, Justice K. Muniandy noted that the charges failed to detail the nature of transactions involving illicit funds or how Rosmah was directly involved.

The court found the charges did not disclose key elements of money laundering offences, such as the transactions linked to laundering activities, the accused’s conduct, or the funds referred to in the charges.

According to the judge, the alleged illegal activities tied to the charges were unspecified, with the origins of the proceeds remaining unexplained.

“The charges also do not show the transactions as contemplated under Act 613, the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFA),” the judge remarked.

Regarding the charges under the Income Tax Act 1967, the judge noted the presence of undisclosed income.

“There must be transactions indicating the accused’s involvement with the undeclared income to classify it as money laundering,” he added.

Following the decision, the Coalition for Clean and Fair Elections (Bersih) questioned the apparent lapses in competence since the initial filing of the 12 money laundering charges involving over RM7 million and five charges of failing to declare income to LHDN against Rosmah.

Bersih chairman Muhammad Faisal Abd Aziz stated that the public has the right to know the reasons behind these developments.

At the same time, Bersih urged the Attorney General to address and rectify the weaknesses in the prosecution as highlighted in the judge’s ruling.

“For me, the people deserve to know what happened.

“Why does it seem there were issues of prosecutorial competence by the AG from the outset of the charges?” he said. – December 20, 2024

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